SOLICITATION AND PROJECT SPECIFICATIONS W912P620B0006 PorterCounty Old-SHavenStormwaterImprovements.pdf

SOLICITATION NO: W912P620B0006

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

PORTER COUNTY, INDIANA

OLD SOUTH HAVEN STORMWATER

IMPROVEMENTS (SQUIRREL CREEK

DIVERSION/MIDWAY DRIVE

DETENTION EXPANSION PROJECT,

PHASE II)

CONSTRUCTION SOLICITATION

AND SPECIFICATIONS

Certified Final Documents– Ready to Advertise W912P620B0006 August 07, 2020

Porter County Old South Haven Stormwater, Valparaiso, Indiana W912P620B0006

PROJECT TABLE OF CONTENTS

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION

00 21 13 INSTRUCTIONS TO BIDDERS

00 22 13 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS

WAGE RATES

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 GENERAL PROVISIONS

01 11 00 SUMMARY OF WORK

01 14 00 WORK RESTRICTIONS

01 22 00.00 10 PRICE AND PAYMENT PROCEDURES

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 57 19.01 20 SUPPLEMENTAL TEMPORARY ENVIRONMENTAL CONTROLS

01 57 20.02 03 ENVIRONMENTAL PROTECTION FOR INDIANA

01 58 00 PROJECT IDENTIFICATION

01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 02 EXISTING CONDITIONS

02 32 00 DEMOLITION

U U

DIVISION 03 CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

03 42 13.00 10 PLANT-PRECAST CONCRETE PRODUCTS FOR BELOW GRADE

CONSTRUCTION

DIVISION 10 SPECIALTIES

10 14 53 TRAFFIC SIGNAGE

DIVISION 31 EARTHWORK

31 00 00 EARTHWORK

31 05 19 GEOTEXTILE

31 11 00 CLEARING AND GRUBBING

31 23 00.00 20 EXCAVATION AND FILL

Porter County Old South Haven Stormwater, Valparaiso, Indiana W912P620B0006

DIVISION 32 EXTERIOR IMPROVEMENTS

32 05 33 LANDSCAPE ESTABLISHMENT

32 11 20 BASE COURSE FOR RIGID AND SUBBASES FOR FLEXIBLE PAVING

32 11 23 AGGREGATE BASE COURSES

32 12 13 BITUMINOUS TACK AND PRIME COATS

32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS

32 13 13.06 PORTLAND CEMENT CONCRETE PAVEMENT FOR ROADS AND

SITE FACILITIES

32 16 19 CONCRETE CURBS, GUTTERS AND SIDEWALKS

32 17 23 PAVEMENT MARKINGS

32 92 19 SEEDING

DIVISION 33 UTILITIES

33 40 00 STORM DRAINAGE UTILITIES

33 46 16 SUBDRAINAGE PIPING

DIVISION 35 WATERWAY AND MARINE CONSTRUCTION

35 31 19.20 ARTICULATING CONCRETE BLOCK REVETMENTS

35 42 34 REINFORCED SOIL SLOPE

-- End of Project Table of Contents –

W81G6600579182

COMPETITION FOR THIS ACQUISITION IS RESTRICTED TO SMALL BUSINESS CONCERNS

PROJECT TITLE: PORTER COUNTY STORM SEWER IMPROVEMENTS, VALPARAISO, INDIANA - SECTION 219 (USACE ACQUISITION)

PROJECT DESCRIPTION: The contractor w ill be required to improvements of approximately 800 linear feet of channel improvements for the roadside ditch, from the existing confluence w ith Squirrel Creek to the proposed drop structure/relief sew er to the South Haven Elementary School (SHES) f lood storage facility. The channel improvements w ould be provided to increase conveyance and eliminate the need for 54-inch storm sew er along the entire stretch of McCool Road. Construction w ill also include approximately 1,200 linear feet of 54” relief sew er extending from the limits of the roadside ditch (southw est of the intersection of McCool Road and Midw ay Drive) to the South Haven Elementary School (SHES) f lood control basin (constructed by others).

The North American Industry Classif ication System code (NAICS) is 237110, w ith a size standard of $39.5M. The estimated price range for this construction project is betw een $1,000,000.00 and $5,000,000.00. Applicable Wage Rates: Wage Determination Number: IN20200001 08/07/2020. WHEREIN STATED IN THIS SOLICITATION "OFFER OR OFFEROR", IT MEANS BID OR BIDDER.

X

ERICKA D. HILLARD 312-846-5378

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

07-Aug-2020

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Sect. 00 70 00

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Sep 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______95 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: 312.846.5371 TEL: FAX:

W912P620B0006 77

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

CONTRACT BID FORM BID SCHEDULE

THE BELOW BID FORM SERVES AS THE BID SCHEDULE AND SHALL BE USED BY THE BIDDER TO

ENTER ITS BID PRICING

DISTINCTION OF LINE ITEMS:

The below Bid Schedule contains a combination of Firm Fixed Price (FFP) and cost reimbursable line items.

Although “FFP” is shown in the description of the cost reimbursable line items, it is not to be construed as a Firm Fixed Price line item. In this case, the FFP represents the Contract Type, which is firm fixed price. Therefore, the contractor will be reimbursed as stated within the extended description of the cost reimbursable line items.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

MOBILIZATION

FFP

Under this line item, the contractor is required to perform mobilization activities.

The contractor will be compensated for the totality of its activities needed to mobilize its equipment and labor force to the project site.

Payment Provisions: The Government will pay all costs for the mobilization of all of the Contractor's plant and equipment at the lump sum price for this item. The Contracting Officer may require the contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there is no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

PURCHASE REQUEST NUMBER: W81G6600579182

PSC CD: Y1PZ

NET AMT

0002 1 Job

DEMOBILIZATION

FFP

Under this line item, the contractor is required to perform demobilization activities.

The contractor will be compensated for the totality of its activities needed to demobilize its equipment and labor force from the project site.

Payment Provisions: The Government will pay all costs for the demobilization of all of the Contractor's plant and equipment at the lump sum price for this item. The Contracting Officer may require the contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there is no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

0003 1 Job

CLEARING RIGHT OF WAY

FFP

0004 80 Square

Yard

CONCRETE SIDEWALK, REMOVE

0005 2,670 Square

PAVEMENT, REMOVE

0006 1,628 Linear

Foot

CONCRETE CURB, REMOVE

0007 272 Square

PCCP DRIVEWAY, REMOVE

0008 614 Linear

PIPE, REMOVE

0009 3 Each

STRUCTURE, REMOVE

0010 1 Job

EXCAVATION, COMMON

0011 1 Job

EMBANKMENT

0012 1 Job

MAINTENANCE OF EROSION CONTROL DEVICES

0013 4,050 Square

GEOTEXTILE FOR SUBGRADE

0014 648 Net Ton

(2,000

LB).

COMPACTED AGGREGATE NO. 2, FOR UNDERCUT

BACKFILL (UNDISTRIBUTED)

0015 3,000 Net Ton

COMPACTED AGGREGATE NO. 53 BASE

0016 1,967 Net Ton

STRUCTURAL BACKFILL, TYPE 1

0017 355 Square

MILLING. ASPHALT, 1.5 IN

0018 25 Net Ton

HMA WEDGE AND LEVEL, TYPE B

(UNDISTRIBUTED)

0019 617 Net Ton

HMA INTERMEDIATE, TYPE B

0020 330 Net Ton

HMA SURFACE, TYPE B

0021 3,661 Square

ASPHALT FOR TACK COAT

0022 115 Square

SIDEWALK, CONCRETE, 4 IN

0023 7 Square

CURB RAMP, CONCRETE

0024 1,739 Linear

CURB AND GUTTER, ROLL CURB, CONCRETE

0025 97 Square

HMA FOR APPROACHES, 3 IN

0026 474 Square

PCCP FOR APPROACHES, 5 IN

0027 312 Square

PCCP FOR APPROACHES, 8 IN

0028 2,800 Square

EROSION CONTROL BLANKET

0029 1,833 Square

TOPSOIL, 4 IN & MULCHED SEEDING, U

0030 3,916 Square

MULCHED SEEDING, D

0031 3 Each

VALVE BOX, ADJUST TO GRADE,

FFP

(UNDISTRIBUTED)

0032 2 Each

SIGN ASSEMBLY RE-SET

0033 8 Each

MAILBOX ASSEMBLY, SINGLE (UNDISTRIBUTED)

0034 2,050 Square

ARTICULATING CONCRETE BLOCK MAT

0035 230 Square

TURF REINFORCEMENT MAT

0036 200 Linear

PIPE, UNDERDRAIN, 6 IN

0037 40 Linear

PIPE, TYPE 2, CONCRETE, CIRCULAR, 12 IN

0038 270 Linear

PIPE, TYPE 2, CONCRETE, CIRCULAR, 15 IN

0039 1,073 Linear

PIPE, TYPE 2, CONCRETE, CIRCULAR, 54 IN

0040 1 Each

DROP STRUCTURE

0041 15 Each

PIPE END SECTION, PRECAST CONCRETE,15 IN

0042 2 Each

MANHOLE, N (9')

0043 3 Each

MANHOLE, L (8')

0044 1 Each

MANHOLE, C (4')

0045 4 Each

INLET, TYPE J

0046 4 Each

CONCRETE BULKHEAD

0047 1 Job

PAVEMENT MARKINGS

0048 1 Job

TRAFFIC CONTROL

0049 1 Lot

PERFORMANCE AND PAYMENT BOND

FFP

This is a cost reimbursable line item for bond coverage for line items 0001 through

The Government will reimburse the Contractor for the actual cost of acceptable bonds upon receiving evidence of payment (i.e. paid invoice) from the bonding company or agency, not to exceed the total amount of this contract line item. The Government will not pay more than the amount bid for this item. If the actual bond costs are less than the line item amount, the contract will be modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions associated with contract price changes. re: FAR 52.232-5(g)

SUMMATION OF BID PRICES

OVERALL BID PRICE (ITEMS 0001 THROUGH 0049): $___________________

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.211-1 Availability of Specifications Listed in the GSA Index of

Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29

AUG 1998

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE CONSTRUCTION contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Regina G. Blair, Contracting Chief USACE – Chicago District 231 South LaSalle Street, Suite 1500 Chicago, Illinois 60604

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Calumet Area Office, Griffith, Indiana Telephone: 219-923-1763

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov/far www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Section 00 22 13 - Supplementary Instructions to Bidders

IMPORTANT BID NOTES

(THE ABOVE SOLICITATION SECTION 00 10 00 IS TO BE USED BY BIDDERS TO SUBMIT THEIR

BIDS; IT IS ALSO CONSIDERED THE “BID SCHEDULE” AS TERMED THROUGHOUT THE

SOLICITATION.)

1. BID CONDITIONS:

a. The Contractor shall bid ALL items that are contained in the Bid Schedule, with no exceptions. Should a Contractor fail to fully complete the bid schedule, its bid will not be considered responsive to the solicitation and eligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of all BASE items included in the Bid Schedule. The Contractor shall enter both its unit price and extended price for each Bid Item.

b. From this Solicitation, the Government intends to award one firm-fixed price contract to the responsive, responsible bidder submitting the lowest aggregate price for all Base Items. The intent is immediately award the base items at the time of award.

c. Split or multiple awards will not result from this Solicitation.

d. Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided OR, by completing Blocks 8 and 15 of the Amendment Form itself (Standard Form 30), or by email to Ericka Hillard at ericka.d.hillard@usace.army.mil.

e. SF 1442 BACK (Page 2 of the Solicitation): Bidders shall fully complete all the required areas located on Page 2 of the Solicitation document (SF 1442 Back) - refer to Block’s 14 through 20C.

f. Section 00 45 00 (Representations and Certifications): The bidder must complete the applicable boxes found at Section 00 45 00 of this Solicitation and submit the completed Section along with all other documents required by this Solicitation. In order to place a bid in response to this Solicitation, the bidder must be registered in an “active status” at the System for Award Management (SAM) (registration can be completed on line for free at www.sam.gov). Accordingly, any bid furnished from contractor without an active registration at SAM may be considered non-responsive to the material requirements of this Solicitation and ineligible for award.

2. BID SUBMISSION:

a. HOW TO SUBMIT: All BIDS IN RESPONSE TO THIS SOLICITATION SHALL BE SUBMITTED VIA

MAILED COPIES, EITHER BY REGULAR OR EXPRESS MAIL. DUE TO COVID-19, HAND-CARRIED

BIDS WILL NOT BE PERMITTED.

Sealed Bids: Regardless of the method of delivery (mailed or hand- carried), bids and all other documents called out in the Solicitation shall be enclosed and sealed in an envelope that is clearly marked “Bid” and shall include the assigned Solicitation Number, and the Bid Opening Date and Time.

Mailed Bids: It is the responsibility of each bidder to ensure that its Sealed Bid is received by the Chicago District’s

– USACE Contracting Branch, located at 231 South LaSalle Street, Suite 1500, Chicago, IL 60604 prior to the date and time set for the opening of the bids – See Block 13A of Page 1 of the Solicitation.

b. TIME OF SUBMISSION: Bids are required no later than 2:00 p.m. Central Time on 11 September 2020.

c. VIRTUAL BID OPENING: For this procurement, Contracting will conduct a virtual Bid Opening in accordance with the below provisions. These procedures are being used because of the current public health concerns affiliated with COVID-19.

d. VIRTUAL BID OPENING PROVISIONS/ PARTICIPATION:

THE VIRTUAL BID OPENING WILL BEGIN AT 2:00 P.M. CDT ON 11 September 2020.

Individuals interested in participating in the virtual bid opening can participate by following these instructions:

Interested individuals will navigate to a WEBEX link and enter their email address and name (along with any applicable information provided for webex access, e.g. the government issued password). Please provide your full name and information. This information will be utilized to obtain the list of attendees at the virtual bid opening.

The WEBEX Conference and Audio Meeting Information (call in number, access code) will be provided via an update to the Solicitation Notice maintained at the BETA.SAM.GOV Website. This information will be provided at least 24 hours prior to the Bid Opening date and time.

The bids will be read aloud and individuals will be able to view the information on the WEBEX screen as the bids are entered into a bid tabulation sheet. Should technological issues ensue from the visual viewing at the WEBEX, the audio access will take precedence and satisfy the conditions of bids being communicated publicly/read aloud.

e. BID GUARANTEE:

Bidders are required to submit a Bid Guarantee for this project in accordance with the Federal Acquisition Regulation Clause 52.228-1, “Bid Guarantee” – Refer to Solicitation Section 00 21 00 for the full text of this Clause.

A bid guarantee shall be submitted at 20% of the bid price or $3M whichever is the lesser. Any bidder failing to submit a Bid Guarantee will be considered non- responsive to the Solicitation and ineligible for award.

f. ATTACHMENT A – PREAWARD SURVEY FORM – The bidder shall complete the enclosed Attachment A and submit it along with i ts bid submission. The preaward survey form is to aid in expediting the award of this project. Only the winning bidder’s information will be surveyed.

g. QUESTIONS SHALL BE SUBMITTED IN SUFFICIENT TIME TO BE ANSWERED VIA AN AMENDMENT PRIOR TO THE BID OPENING DAY AND TIME. (Re: 52.214-6 Explanation to Prospective Bidders)

VIRTUAL PRE- BID MEETING

A virtual pre-bid meeting will be held for this project on August 19, 2020 at 10:00a.m. (Central Time) by use of Webex..

When it’s time to join the meeting on the aforementioned date and time, please use the following weblink:

https://usace.webex.com/usace/j.php?MTID=m3074a29c0f7d9000cfdf45a43c12576b

Meeting number: 146 302 9925 Meeting password: g39tPBbRsD7

FOR AUDIO – JOIN BY PHONE:

Call-in number (ATT Audio Conference): 1-816-423-4282 (US/Canada) Call-in toll-free number (ATT Audio Conference): 1-866-590-5055 (US/Canada)

Access Code: 268 944 3 Securtity Code: 268 944 3 Conf ID No.: Enter the # sign

Following the prebid meeting, Contractors are urged to visit the site independently.

At the pre- bid meeting, Government representatives will highlight specific contract requirements. The objective is to provide an information exchange between potential bidders and the Government to avoid the possibility of misinterpretation of the contract requirements. The Corps of Engineers strongly encourages all potential bidders to attend the pre- bid meeting and, in the interest of making the meeting more meaningful, prospective bidders are urged to present any written questions concerning the project bid documents, bidding, and construction requirements or other related matters prior to the pre- bid meeting. Send written questions to Ericka Hillard at ericka.d.hillard@usace.army.mil – BE SURE TO INCLUDE THE SOLICIATION NUMBER W912P620B0006

AND PROJECT TITLE ON THE SUBJECT LINE OF YOUR EMAIL.

With respect to questions, written questions may be submitted at the beginning of the pre-bid meeting and oral questions may be submitted from the floor, will only be addressed if they are clarifications of information provided in the solicitation and in subsequent amendments issued before the scheduled prebid meeting and site visit. Answers, interpretations, and decisions made at the meeting will not become official unless and until verified by an amendment to the solicitation issued prior to the receipt of bids. Following the meeting, prospective bidders will be permitted to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract to the extent such information is reasonably obtained.

ATTACHMENT A

PREAWARD SURVEY INFORMATION

(RE: Subparts 9.104-1 and 9.105-1 of the Federal Acquisition Regulation)

CONTRACTOR:

SOLICITATION W912P620B0006, PORTER COUNTY STORM SEWER IMPROVEMENTS, VALPARAISO,

INDIANA - SECTION 219 (USACE ACQUISITION)

Please complete the below form to assist in the completion of a Pre-award Survey:

1. Month and Year started in business:

2. Year and State Incorporated:

3. Key Personnel:

President/Owner:

Vice President/Partner:

Secretary/Treasurer:

4. Number of Full-Time Employees:

5. Surety:

Agency:

Agent:

Address, City & State:

Telephone#:

6. Insurance Company:

Agency:

Agent:

7. Financial Institution Information:

Name of Bank:

Contact Person:

8. References: Provide the names and contact information of three references. Information obtained from references will be used to determine if you have been diligent in the following areas: a) Quality of Work; b) Timely Performance; c) Effectiveness of Management; d) Compliance with Safety Standards; and e) Compliance with Labor Standards.

9. Does your company have any ongoing projects that may cause a problem with completing or beginning performance of the subject project?

10. Does your company own all of necessary tools and equipment to perform the work of the project?

END OF FORM

Section 00 45 00 - Representations and Certifications

52.209-7 Information Regarding Responsibility Matters OCT 2018 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless--

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2019)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual…